General Election Constitutional Amendments Explained
With a little over three weeks from the General Election, Clay County candidates will have a chance to meet the public at a Candidate Meet and Greet scheduled Saturday, October 22, 2022, in downtown Excelsior Springs at Other Trails Coffeehouse from 8am-10am.
Candidates aren’t the only thing on the November 8th ballot. In addition to federal and state candidates, voters will also be deciding on judicial candidates, including Missouri Supreme Court Judges, Missouri Court of Appeals Judges, Western District, Circuit Judges, 7th Judicial Circuit, and Associate Circuit Judges, 7th Judicial Circuit.
This week’s Election Guide is to offer insight on some of the Constitutional Amendments that will appear.
Constitutional Amendment No. 1
Proposed by the 101st General Assembly
(First Regular Session) HCS HJR 35
Do you want to amend the Missouri Constitution to:
• allow the General Assembly to override the current constitutional restrictions of state investments by the state treasurer; and
• allow state investments in municipal securities possessing one of the top five highest long term ratings or the highest short term rating?
State governmental entities estimate no costs and increased interest revenue of $2 million per year. Local governmental entities estimate no costs and increased interest revenue of at least $34,000 per year.
According to Ballotpedia, Amendment 1 would amend the Missouri Constitution to authorize the state treasurer to invest state funds in highly rated municipal securities. Specifically, the state treasurer would be allowed to invest in municipal securities that possess one of the five highest long term-ratings or short-term ratings issued by a nationally recognized rating agency. The ballot measure would also allow the legislature to pass laws allowing the treasurer to invest in “other reasonable and prudent financial instruments and securities.”[2]
Currently, the state treasurer can invest in federal and agency bonds, time deposits in Missouri banks, repurchase agreements, or short-term unsecured corporate debt.
Constitutional Amendment No. 3
Proposed by Initiative Petition
Do you want to amend the Missouri Constitution to:
• remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing, and selling marijuana for personal use for adults over the age of twenty-one.;
• require a registration card for personal cultivation with prescribed limits;
• allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records expunged;
• establish a lottery selection process to award licenses and certificates;
• issue equally distributed licenses to each congressional district; and
• impose a six percent tax on the retail price of marijuana to benefit various programs?
State governments entities estimate initial costs of $3.1 million, initial revenues of at least $7.9 million, annual costs of $5.5 million, and annual revenues of at least $40.9 million. Local governments are estimated to have annual costs of at least $35,000 and annual revenues of at least $13.8 million.
In an overview provided by Ballotpedia, it is explained that the initiative would legalize the purchase, possession, consumption, use, delivery, manufacturing, and sale of marijuana for personal use for persons who are 21 years old or older; allow individuals convicted of non-violent marijuana-related offenses to petition to be released from incarceration and/or have their records expunged; and impose a 6% tax on the sale of marijuana.[1][2]
Constitutional Amendment No. 4
Proposed by the 101st General Assembly
(Second Regular Session) SS2 SJR 36
Shall the Missouri Constitution be amended to authorize laws, passed before December 31, 2026, that increase minimum funding for a police force established by a state board of police commissioners to ensure such police force has additional resources to serve its communities?
State and local governmental entities estimate no additional costs or savings related to this proposal.
According to Ballotpedia, this constitutional amendment would amend Section 21, Article X of the Missouri Constitution by allowing the Missouri General Assembly to increase minimum required funding for a police force established by a state board of police commissioners before 2027. This would specifically increase the minimum funding to the police force of Kansas City, Missouri.
Section 21 of the Missouri Constitution prohibits increases made to an activity or service beyond the ones required by existing law, unless a state appropriation is made and dispersed to pay for the costs. This amendment creates an exception for a police force established by a state board of police commissioners. Kansas City, Missouri, is the only city that does not have local jurisdiction over its department, and therefore the only city that this measure would impact.[2]
In March, another bill, Senate Bill 678 (SB678), was passed that would increase the minimum funding requirement for Kansas City’s police department. Missouri law mandates that Kansas City devote 20% of its general revenue to the police department. That bill would increase that funding to 25%.[3]
Constitutional Amendment No. 5
Proposed by the 101st General Assembly
(Second Regular Session) HJR 116
Shall the Missouri National Guard currently under the Missouri Department of Public Safety be its own department, known as the Missouri Department of the National Guard, which shall be required to protect the constitutional rights and civl liberties of Missourians?
State governmental entities estimate no savings and ongoing costs of $132,000 annually. Local governmental entities estimate no costs or savings.
Ballotpedia states, Amendment 5 would create the Missouri Department of the National Guard as an administrative department within the state’s executive branch. As of 2022, the Missouri National Guard is part of the Missouri Department of Public Safety.[1]
As an executive department, the adjutant general, who commands the national guard, would be a member of the governor’s cabinet.[1]
Amendment 5 would define the department’s purpose as providing for the state militia, upholding the U.S. Constitution, upholding the Missouri Constitution, protecting the constitutional rights and civil liberties of Missourians, and providing other defenses as required.[1]
Constitutional Convention Question
Submitted by John R. Ashcroft,
Secretary of State, State of Missouri
Shall there be a convention to revise and amend the Constitution?
Ballotpedia explains: A “yes” vote will require the governor to call an election of delegates to serve at a convention for the purpose of revising or amending the Missouri Constitution. Any revisions or amendments will then be put to a vote of the people for their consideration. A “no” vote will mean no constitutional convention will be held. If passed, this measure will have no impact on taxes.[2] |
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